Samba Police Constitutes Panel to Probe Unsuccessful Prosecution, Shoddy Investigation of Criminal Cases

In Compliance of Apex Court Judgement 

Jammu, 24/Nov/2015: In compliance of directions passed by the Honourable Supreme Court of India in case titled ‘State of Gujarat Vs Kishanbhai and others’ Senior Superintendent of District Police Samba has constituted a standing committee wherein Additional Superintendent of district Police Samba, Faisel Qureshi shall be the chairman of the said committee having  Chief Prosecuting Officer, DYSP and Senior Prosecuting Officer as its members. This information is being provided by the Public Information Officer of the Samba Police to information seeker activist Raman Sharma.

Earlier applicant Sharma had filed a complaint before the Jammu and Kashmir State Information Commission against the department of Home, J & K Home government alleging that the PIO of the home department had denied him the information related to steps being taken by the Jammu and Kashmir government and police authorities for compliance of the Supreme Court Judgement in case of State of Gujarat Vs Kishanbhai, in this important case the apex court had asked for identification of officer(s) responsible for acquittal of an accused in a criminal case and a finding must be recorded to trace the lapse whether it was innocent or blameworthy and the erring officer if any must face the consequences. Depending upon the seriousness of the case the erring officer may be withdrawn permanently or temporarily from the investigating responsibilities. The court had also noted  “Accordingly we direct, the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers”.

After a long course of hearing before the State Information Commission, the Chief Information Commissioner GR Sufi directed the J & K Police Headquarters and Home Department to release this important information and also recommended implementation of the direction of the apex court order in letter and spirit .

In his reply to the applicant,  Virender Singh (DySP Hqrs) and Public Information Officer, DPO Samba vide his office letter no Hqrs/RTI/19^th/2015/6370 dated 21/11/2015 has informed that directions issued by the Honourable Supreme Court of India in the matter of State of Gujarat  Vs Kishanbhai has been shared with the subordinate units and a standing committee vide order no  Legal/2015/2662-69 dated 30/10/2015 has also been constituted by the Sr. Superintendent  of the district Police samba. This committee will arrange training programmes as well was refresher courses for the investigating/prosecuting officers and  will also examine all orders of acquittals and record reasons for the failure of prosecution and investigating officers.

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J & K : Petition Demanding Cleanliness Itself Gathers Dust in CM’s Office

Is Swatch Bharat Abhiyan a Farce in J & K ? 

Jammu, 13/Nov/2015: A complaint cum representation demanding cleanliness of the Jammu Haat, commonly called as Exhibition Ground near Jewel Chowk Jammu is itself gathering dust there at the Chief Minister’s office for the last over 2 months.

A petition seeking intervention of the Chief Minister towards the plight of the Jammu Haat venue which is under the administrative control of Directorate of Industries and Commerce Department (J & K Government) was submitted to the  Chief Minister’s Grievance Cell on 15/Sept/2015 vide no. 56610.

The complainant RTI activist Raman Sharma who is also founder of Save ‘My Tawi Campaign’  in his petition has urged the Chief Minister Mufti Mohammad Sayeed to intervene in this important  issue regarding cleanliness of the Exhibition ground and submitted    “ It is really apathetic that at one side honourable Prime Minister of the Country and Honourable Chief Minister of the state are asking for totally cleanliness for good health but this department (Industry and Commerce) is totally negligent to this important issue.

Sharma has also offered to take the responsibility of cleaning this important site if the concerned department does not have the requisite funds to do so, “  If the department does not have the funds to maintain this and clean the site, I as a responsible citizen willing to contribute for its cleanliness, I shall be offering my free services at least once in a month to clean it and if allowed I will also seek the cooperation of the other responsible citizens to offer their services and funds for the cleanliness of this important site” his petition further states.

He complained that millions of rupees had been spent by the government on building infrastructure there but no maintenance and the infrastructure is left without any care.

There are several fountains installed in the exhibition ground but all of them in poor state, the water pool of these fountains are filled with dirt and garbage. The costly fountains are broken and they are not working. But till date no intimation has been given to the complainant about this important issue and the status shown there on the website  http://jkgrievance.nic.in/  remains  ‘ under process ’.

It is pertinent to mention here that hundreds of shops are housed in this complex of Jammu Haat besides a few government offices but  most of the shops remain closed throughout the year. 

Earlier also a similar petition seeking cleanliness of the Exhibition ground  was made through the JK Grievance Cell of the Chief Minister (vide  no 55517) in the months of July 2015 which was then forwarded to the Jammu Municipal Corporation that after a delay of over 50 days informed that the concerned area does not belong to it and the case may be taken up with the Directorate of Industries and Commerce.  

धूल चाट रही है स्वच्छता को लेकर शिकायत

राज्य ब्यूरो, जम्मू : राज्य में स्वच्छता अभियान को लेकर सरकार कितनी गंभीर है। यह प्रदर्शनी मैदान में सफाई करने को लेकर दायर शिकायत से पता चलता है। मुख्यमंत्री कार्यालय में इस शिकायत पर कोई गौर करने को तैयार नहीं है। याचिका आरटीआई कार्यकर्ता रमन शर्मा ने दायर की है। इसमें उन्होंने कहा कि जम्मू हाट जिसे प्रदर्शनी मैदान भी कहा जाता है, यह उद्योग एवं वाणिज्य विभाग के अधीन आता है, लेकिन इसकी सफाई की ओर कोई भी ध्यान नहीं दे रहा है। एक ओर प्रधानमंत्री स्वयं स्वच्छता अभियान पर जोर दे रहे हैं, वहीं इस मैदान की सफाई को लेकर विभाग पूरी तरह चुप है। उन्होंने लिखा है कि अगर विभाग के पास सफाई के लिए फंड नहीं है तो वह स्वयं भी सफाई करवा सकते हैं। इसके लिए उन्हें इजाजत दी जाए। उन्होंने मुख्यमंत्री से इस मामले पर हस्तक्षेप करने को कहा। इससे पहले भी उन्होंने शिकायत सेल में शिकायत दर्ज करवाई थी, लेकिन जम्मू नगर निगम ने यह कहते हुए अपना पल्ला झाड़ लिया था कि यह उसके अधिकार क्षेत्र में नहीं ...

http://www.jagran.com/jammu-and-kashmir/jammu-13160566.html 

Early Times, 14/Nov/2015

JOURNEY LINES 14/NOV/2015

ALSO PUBLISHED IN KASHMIR OBSERVER, STATE TIMES, DAINIK JAGRAN, Early Times, Kashmir Times

http://news.statetimes.in/no-takers-for-swachh-bharat-abhiyan-in-j-k-petition-demanding-cleanliness-gathering-dust-in-cms-office/

http://www.kashmirobserver.net/news/local-news/swatch-bharat-abhiyan-farce-j-k

http://www.jagran.com/jammu-and-kashmir/jammu-13160566.html

Successful Candidates of District Jammu Not Given Sufficient Time to Submit Formalities

Civil  Society Opposes CEO’s Diktat

Successful Candidates of District Jammu Not Given Sufficient Time to Submit Formalities 

Jammu, Nov-5, 2015: The member of Civil Society of Jammu has opposed and condemned the order of the Education department issued by Chief Education Officer of district Jammu, whereas directions have been issued to the successful candidates (for the posts of teachers ) belonging to district Jammu to submit all their documents and formalities within 2 days including Sunday, the order of the CEO is being published in some newspapers on 6^th of November    ( Notice no CEOJ/21320-22 Dated 05/11/2015 ) and the Candidates  are being directed to complete all their formalities and report to him on 9^th of November at  Government Higher Secondary School, Jammu. Though other candidates are asked to report on later dates.

The activists raised question mark over the intention of the office of Education department for not giving sufficient time to the candidates to complete all formalities and they called it as a conspiracy to harass the candidates belonging to rural and far flung areas of district Jammu. They cautioned the officers of the education department not to play with the emotions of the successful candidates whose result is declared  by JKSSB after such a long gap.

“How it is possible that candidates residing in far off places and the female candidates would be able to prepare and present all their formalities like, Character Certificate issued by competent authority, Medical fitness Certificate to be issued by CMO, NoC from DIC, NoC from department of employment, Affidavit sworn before a 1^st Class Judicial Magistrate and various other documents within such a short span of time “ They asked.

The Civil Society members also sought the intervention of the Education Minister, Naeem Akhtar and Priya Sethi MoS Department of Education to extend the time limit for completing all formalities.  

The Joint  statement condemning the officers of the education department and appeal to the education minister and Mos is being endorsed by Deeepak Sharma Raman Sharma, RTI activists, Dewaker Sharma, Advocate J & K High Court, Harasis Singh social activist and Anil Sharma, President All Jammu and Kashmir Panchayat Conference .            

               

 It is pertinent to mention here that JKSSB has recently released the list of successful candidates of district Jammu after a period of almost 30 months due to pending court cases.

Published in Early times and State Times on 08/Nov/2015

http://www.earlytimes.in/m/newsdet.aspx?q=162740

In Less than 2 Years, JKPSC Adds Rs. 40 Million to its Kitty

  JKPSC  Collects Huge  Amount from Unemployed Youth

J & K: In Less than 2 Years, Recruitment Panel Earns Rs. 4 Crore  as Examination Fees

Jammu, 04/Nov/2015: Jammu and Kashmir Public Service Commission, the highest body for recruitment of Gazetted Officers for the Jammu and Kashmir Government has added at least four crore rupees (Rs. 4 Crore) to its kitty in less than 21 months as cost towards the examination forms etc.

This  information is revealed in an RTI application under  Jammu and Kashmir Right to Information Act filed by RTI activist Raman Sharma.

The Public Information officer cum Law officer of JKPSC in response to the RTI application has sent a communication letter no. PSC/RTI/Adm/59/2015 dated 27/10/205  along with copies of letter sent to JKPSC by the Branch heads of Amirakadal branch of the Jammu and Kashmir Bank and Rail Head Complex branch Manager.

Wherein  it has been informed by the manager of the Amirakadal branch that the total amount of fees collected by them on account of sale of forms during the  period  from 01/01/2014 to 13/Sept/2015) is Rs. 34892832 (Rupees Three Crore Forty Eight Lacs Ninety Two Thousand Eight Hundred and Thirty Two ) and the same has been credited to their account (JKPSC).

In his communication, the manager  has also informed that the said amount is only for account no. CD 3013. During the same period the bank branch has also received service charges or commission during the same period of Rs. 116840.

Whereas the manager of Rail Head Complex, Jammu branch of Jammu and Kashmir bank,  has informed that amount deposited in your account (JKPSC) no. 0008 from sale of all types of form w.e.f 01/01/2014 to 13/Sept/2015 is Rs. 50, 88, 034. (Rupees fifty Lac, eighty eight thousand and thirty four).

It is pertinent to mention here that there is a vide spread demand from the political parties,  social activists, parents and the student community to reduce the hefty amount of fees charged by the JKPSC from unemployed youth and aspiring candidates for different kinds of posts and examinations.

While commenting on the information provided by the JKPSC and the revelation that such a huge amount is collected by the commission from the aspiring candidates on the name of examination fees ,  the information seeker Raman Sharma urged the Chairman and members of the Commission to waive off all exam form fees for all female candidates and the candidates belonging to Economical weaker section of the society. He also said that the motive of such esteemed institution should not be to mint money but rather to enhance its qualitative activities.  

Jammu and Kashmir Public Service Commission was established, under section 128 of the Constitution of J&K, on September 2, 1957. Under section 129 of the Constitution of Jammu and Kashmir the Chairman and the Members of the Public Service Commission are appointed by the Governor for a period of five years or till he attains the age of 65 years whichever is earlier.

बेरोजगारों से 21 महीनों में कमाए चार करोड़

राज्य ब्यूरो, जम्मू : जम्मू-कश्मीर में गजटेड अधिकारियों की भर्ती करने वाली सबसे बड़ी बाडी स्टेट पब्लिक सर्विस कमीशन (पीएससी) ने दो साल से भी कम समय में फॉर्म, परीक्षा फॉर्म आदि की बिक्री कर करीब चार करोड़ कमाए हैं। इसका खुलासा सूचना के अधिकार कानून के तहत प्राप्त जानकारी से हुआ है।

आरटीआइ कार्यकर्ता रमन शर्मा ने कमीशन से सूचना अधिकार कानून के तहत जानकारी हासिल करने के लिए आवेदन किया था, जिसका उन्हें जवाब हासिल हुआ है। कमीशन के पीआइओ एवं कानून अधिकारी ने जानकारी वाले आवेदन को जम्मू-कश्मीर बैंक की श्रीनगर अमीराकदल और जम्मू की रेल हैड कांप्लेक्स शाखाओं को भेजा।

अमीराकदल शाखा में पिछले 21 महीने के दौरान फार्मो की बिक्री से 34892832 रुपये जमा किए गए। यह धनराशि पब्लिक सर्विस कमीशन के खाते में जमा कर दी गई। इस अवधि के दौरान बैंक की शाखा को 116840 रुपये सर्विस चार्ज या कमीशन के तौर पर मिले।

वहीं, रेल हैड कांप्लेक्स शाखा में एक जनवरी 2014 से लेकर 13 सिंतबर 2015 तक 5088034 रुपये जमा हुए और यह धनराशि जम्मू-कश्मीर पब्लिक सर्विस कमीशन के खाते में जमा हुई।

विदित हो कि पिछले काफी समय से विभिन्न राजनीतिक दलों, सामाजिक कार्यकर्ताओं और विद्यार्थी संगठनों की तरफ से समय समय पर मांग की जाती रही है कि पब्लिक सर्विस कमीशन को फार्मो की बिक्री या परीक्षा की फीस को कम करना चाहिए। शिक्षित बेरोजगार युवाओं पर इसका बोझ पड़ता है। आरटीआइ कार्यकर्ता रमन शर्मा ने जानकारी हासिल करने के बाद कमीशन से आग्रह किया कि महिला उम्मीदवारों और समाज के गरीब तबके के उम्मीदवारों की परीक्षा फीस माफ की जाए। कमीशन का मुख्य उद्देश्य पैसा कमाना नहीं, बल्कि नियुक्ति प्रक्रिया में सुधार लाना होना चाहिए।

कमीशन का गठन जम्मू-कश्मीर संविधान की धारा 128 के तहत दो सिंतबर 1957 को हुआ था। कमीशन के चेयरमैन व सदस्यों की नियुक्ति राज्यपाल की तरफ से सरकार से सिफारिश मिलने के बाद की जाती है।

published in Dainik Jagran, Kashmir Times, Journey Line, Greater Kashmir, Kashmir Observer, Daily Excelsior and others on 05/Nov/2015

http://www.greaterkashmir.com/news/jammu/psc-collects-rs-4-cr-from-job-aspirants-in-2-years-rti-reveals/200768.html

http://www.kashmirtimes.in/newsdet.aspx?q=46514

Udhampur Police to Monitor Performance of Investigating Officers

District Police to Ensure Strict Compliance of Apex Court Judgement  

‘Refresher Courses for IOs, POs ’

Jammu, 01/Nov/2015: District Police Headquarters Udhampur has constituted a standing committee under the chairmanship of additional SP that would ensure refresher courses for Investigation and Prosecuting Officers of the District Udhampur in the light of the Supreme Court Judgement wherein the supreme court besides various other directions have also asked for organizing training programs for IOs and POs, while deciding the case titled State of Gujarat Vs Kishanbhai, the highest court has observed “Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference, that an innocent person was wrongfully prosecuted. It is therefore, essential that every State should put in place a procedural mechanism, which would ensure that the cause of justice is served, which would simultaneously ensure the safeguard of interest of those who are innocent. 

In furtherance of the above purpose, it is considered essential to direct the Home Department of every State, to examine all orders of acquittal and to record reasons for the failure of each prosecution case. A standing committee of senior officers of the police and prosecution departments, should be vested with aforesaid responsibility “.

The DPO Udhampur has constituted the panel vide their office order no, PA/order/2015/34994-96 dated 06/10/2015, this  committee  would also monitor the performance of Investigating and Prosecuting Officers.

The Constitution of this panel by the Udhampur Police has come into reality only after the intervention of the Jammu and Kashmir State Information Commission, wherein while deciding a complaint case of Information seeker Raman Sharma, the Chief Information Commissioner asked the State Home Department and the Jammu and Kashmir Police Headquarters to ensure strict compliance of all the recommendations of the Supreme Court of India in the case of State of Gujarat Vs Kishanbhai which calls for special attention of the Police administration of each district to strictly examine all cases of acquittal in a criminal case.

 The information regarding constitution of the Standing Committee headed by additional SP Udhampur is being provided to the applicant Raman Sharma by Gourav Mahajan, PIO DSP Headquarters Udhampurs cum PIO vide his office letter no. HQU/2015/RTI/12601-04 dated 08/10/2015. It is pertinent to mention here that recently DPO Kathua has also constituted the similar panel in compliance of the Apex Court’s Direction.